From the archives: Breaking the Law

[jsteele]

For most of 2007, I published a blog focused on local District of Columbia issues. The blog is now offline, but I've decided to republish some of the school related posts here. Those interested in background to many of today's school issues may find them interesting.


Originally published June 13, 2007.

“…It will be a campaign that begins a new era of accountability in the District of Columbia.” — Fenty for Mayor Website.

“My promise is simple. District government must become accountable to the people of our City. Accountability will be more than rhetoric in my administration.” — Fenty 2006 Campaign Literature.

Mayor Adrian M. Fenty, in his selection of Michelle Rhee as chancellor of the DC schools, has broken the law by not consulting a panel of parents, students, and teachers. David Nakamura points out in today's Washington Post that the "takeover legislation approved by the D.C. Council, which transferred power from the school board to Fenty, stated that the mayor was required to convene a panel of parents, students and teachers union members to help vet the selection." Fenty did not comply with this requirement.

According to the Post, Fenty did convene a group of six people for a single meeting, but that panel was never provided a candidate's name or resume. The group learned of Rhee's nomination from the news. Even DC Council members were only informed of Fenty's decision the evening before the official announcement.

Marc Borbely points out the relevant section of the Public Education Reform Amendment Act of 2007 (A17-38):

Sec. 105:
(b)(1) Prior to the selection of a nominee for Chancellor, the Mayor shall:
(A) Establish a review panel of teachers, including representatives of the Washington Teachers Union, parents, and students ("panel") to aid the Mayor in his or her selection of Chancellor;
(B) Provide the resumes and other pertinent information pertaining to the individuals under consideration, if any, to the panel; and
(C) Convene a meeting of the panel to hear the opinions and recommendations of the panel.
(2) The Mayor shall consider the opinions and recommendations of the panel in making his or her nomination and shall give great weight to any recommendation of the Washington Teachers Union.

In the first "Accountability Moment" documented on this website, the Fenty administration was caught plagiarizing its education plan. After initial denials of wrongdoing, blame was pushed to Victor Reinoso who eventually apologized. Fenty accepted the apology and the issue was closed. In this incident, it will be more difficult for Fenty to transfer blame. The question is, who will hold the mayor accountable as he has so often asked that we do? Or, will the second lesson of the Fenty administration to DC school children, after "its okay to plagiarize" be "you don't have to follow the rules"?

[Anonymous]

Doesn't the law also require the mayor to consult or at least notify the council?

[jsteele]

Anonymous wrote:Doesn't the law also require the mayor to consult or at least notify the council?

I don't think this was required by law, but I really don't remember at this point. I think, however, the Council's opportunity to weigh in came at confirmation. They could have voted not to confirm her. It's significant that the Council showed exponentially more concern over baseball tickets than it did about the Chancellor.